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5301

Definition

As used in this chapter:

(1) "Affixing agent" means any tobacco products dealer or any
other person within or without this State appointed by the Department
of Finance as an agent to affix the stamps to be used in paying the excise
tax imposed by this chapter. The first vendor who has possession of unstamped
tobacco products in this State for sale in this State shall be deemed
an affixing agent.

(2) "Cigarette" means any roll for smoking made wholly or in
part of tobacco, irrespective of size or shape, and irrespective of the
tobacco being flavored, adulterated or mixed with any other ingredient,
the wrapper or cover of which is made of paper or any other substance
or material except tobacco.

(3) "Consumer" means any person who has possession of tobacco
products for any purpose other than transportation or sale.

(4) "Department of Finance" or "Department" means the
Department of Finance.

(5) "Distributor" means:

a. Any person engaged in the business of selling tobacco products in this
State who brings or causes to be brought into this State from without
the State any tobacco products for sale;

b. Any person who makes, manufactures or fabricates tobacco products in
this State for sale in this State;

c. Any person engaged in the business of selling tobacco products without
this State who ships or transports tobacco products to retail dealers
in this State to be sold by those retail dealers.

(6) "Moist snuff" means any finely cut, ground or powdered tobacco
that is not intended to be smoked but shall not include any finely cut,
ground or powdered tobacco that is intended to be placed in the nasal cavity.

(7) "Package" or "pack" means, as to cigars, the smallest
individual container which contains more than 1 cigar in or from which
retail sales are normally made or intended to be made, and means, as to
other tobacco products, the smallest individual container in or from which
retail sales of such products are normally made or intended to be made.

(8) "Place of business" means any place where tobacco products
are sold, or where tobacco products are bought or kept for the purpose
of sale or consumption, including, so far as applicable, any vessel, airplane,
train or vending machine dispensing tobacco products.

(9) "Retail dealer" means any person who purchases or receives
stamped tobacco products from any source whatsoever for the purpose of
sale to the ultimate consumer.

(10) "Sale" means in addition to its usual meaning, any sale,
transfer, exchange, theft, barter, gift or offer for sale and distribution,
in any manner or by any means whatsoever.

(11) "Secretary of Finance" or "Secretary" means the
Secretary of Finance or the Secretary's duly authorized designee;
provided, that any such delegation of authority is consistent with Chapter
83 of Title 29.

(12) "Smokeless tobacco products" mean all products, other than
moist snuff, made primarily of tobacco for individual consumption, not
intended to be smoked.

(13) "Tobacco products" means all products, including but not
limited to, cigarettes, cigars and pipe tobacco, made primarily from tobacco
for individual consumption.

(14) "Tobacco product tax stamps" means any adhesive stamps,
tax meter impression or other stamps, labels or prints authorized by the
Department of Finance to evidence the payment of the tax imposed by this chapter.

(15) "Tobacco product vending machine" means any mechanical device
from which tobacco products are dispensed for a consideration.

(16) "Unstamped tobacco products" means any pack or package of
tobacco products to which the proper amount of genuine Delaware tobacco
product tax stamps has not been affixed.

(17) "Use" means the exercise of any right or power over tobacco
products including the retention for any length of time for any purpose
other than sale or transportation as allowed under the provisions of this chapter.

(18) "Vending machine operator" means any person who places 1
or more vending machines, owned, leased or operated by the person, at
locations where tobacco products are sold therefrom. The owner or lessee
of the premises upon which a vending machine is placed shall not be considered
the operator of the machine, if the owner or lessee does not own or lease
the machine and if the sole remuneration therefrom is a flat rental fee
or a commission, based upon the number or value of tobacco products sold
from the machine, or a combination of both.

(19) "Wholesale dealer" means any person who regularly sells
tobacco products within this State to others who buy for the purpose of resale.

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